No 25th Amendment (user search)
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  No 25th Amendment (search mode)
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Author Topic: No 25th Amendment  (Read 2426 times)
Lincoln Republican
Winfield
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« on: August 24, 2007, 11:27:49 PM »

Speaker Carl Albert made it clear he would be only a caretaker President.  He would not have run for a full term.     

Ronald Reagan does not have to deal with the burden of a Presidential pardon, and wins the election.

Governor Ronald Reagan (CA)/ Senator Richard Schweiker (PA)         371
Congressman Mo Udall (AZ)/ Senator Birch Bayh (IN)                         167

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Lincoln Republican
Winfield
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« Reply #1 on: August 25, 2007, 01:07:38 PM »

stalkinghorse, welcome to the forum.
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Lincoln Republican
Winfield
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Posts: 14,348


« Reply #2 on: August 27, 2007, 09:16:04 PM »

Speaker Carl Albert made it clear he would be only a caretaker President.  He would not have run for a full term.     

Ronald Reagan does not have to deal with the burden of a Presidential pardon, and wins the election.

Governor Ronald Reagan (CA)/ Senator Richard Schweiker (PA)         371
Congressman Mo Udall (AZ)/ Senator Birch Bayh (IN)                         167

But Albert announced he would only become acing pres, on the basis that the republicans would choose a pres.

With no 25th, no process would be in place for a GOP replacement, unless one would become Speaker, hence becoming next in line.

Would Albert effectively had to remain President?

Would Nixon still have been pardoned?

With no 25th amendment, as you have stated, there is no mechanism in place to choose a GOP replacement, in other words, after the necessary resignation of Vice President Agnew, Nixon would not be nominating a new Vice President. 

Therefore, after the necessary resignation of Nixon, Speaker Carl Albert would assume the Presidency.  Albert would become Acting President.  Albert would have accepted the Presidency under these circumstances, and would have done his best to lead the country under these trying circumstances.  Albert would have served as Acting President, with all the powers of the President,  until the new President, who would be elected in the 1976 election, would be sworn into office in January, 1977. 

Albert would not be a candidate for President in 1976. 

The Democrats were in the majority in 1974, when Nixon resigned, and they would not elect a Republican Speaker so Albert could resign and so that the new Republican Speaker could then become President.  This would be a subversion of the constitution, which the House of Representatives, Democrats and Republicans alike, would not countenance.

Albert serves as President until January, 1977.

As to whether President Albert pardons Nixon or not is open to debate.  Albert could have looked very closely at all the details of the case, consult with the best legal minds, and then make a decision.  Or, he may have decided to shelve the issue.     
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